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Green Tree School, Philadelphia, Pennsylvania et al.

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Released: July 30, 2014
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Federal Communications Commission

DA 14-1085

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of

)

)

Requests for Review of Decisions of the

)

Universal Service Administrator by

)

)

Green Tree School

)

File Nos. SLD 92469, 927523

Philadelphia, PA

)

)

Systems Development Integration, LLC

)

File No. SLD 926895

(Virgin Island Department of Education)

)

St. Thomas, VI

)

)

Three Stages

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File No. SLD 895602

East Orange, NJ

)

)

Schools and Libraries Universal Service

)

CC Docket No. 02-6

Support Mechanism

)

ORDER

Adopted: July 30, 2014

Released: July 30, 2014

By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:

1.

Consistent with precedent,1 we deny requests for review filed by Green Tree School

(Green Tree); System Development Integration, Inc. (SDI), on behalf of Virgin Island Department of

Education (Virgin Island DOE); and Three Stages (collectively, petitioners),2 of decisions issued by the

Universal Service Administrative Company (USAC) under the E-rate program (more formally known as

the schools and libraries universal service support program) for funding year 2013.3

Specifically, USAC

denied the petitioners’ priority two funding requests for internal connections on the ground that USAC

1See Request for Review of a Decision of the Universal Service Administrator by Loving Municipal Schools;

Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 10428,

10430-31, para. 6 (Wireline Comp. Bur. 2011); Request for Waiver and Review of Decisions of the Universal

Service Administrator by Montgomery County School District; Schools and Libraries Universal Service Support

Mechanism, CC Docket No. 02-6, Order, 29 FCC 320, 321, para. 2 (Wireline Comp. Bur. 2014) (both affirming

USAC denials of funding requests that fell below the priority two funding threshold for the relevant funding years).

2 See Letter from Adam G. Kegley, Green Tree School and Services, to USAC, Schools and Libraries Division –

Correspondence Unit, CC Docket No. 02-6 (filed Apr. 30, 2014) (regarding FCC Form 471 application numbers

927469 and 927523); Letter from Brian Diver, System Development Integration, LLC, to Office of the Secretary,

Federal Communications Commission, CC Docket No. 02-6 (filed Apr. 25, 2014) (regarding FCC Form 471

application number 926895); Letter from Lynda Wright, Three Stages, to Office of the Secretary, Federal

Communications Commission, CC Docket No. 02-6 (filed Jun. 2, 2014) (regarding FCC Form 471 application

number 894602).

3 Section 54.719(c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of

USAC may seek review from the Commission. 47 C.F.R. § 54.719(c).

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Federal Communications Commission

DA 14-1085

was authorized by the Federal Communications Commission (Commission) to deny funding for all

priority two funding requests in funding year 2013.4

2.

Based upon our review of the record, we affirm USAC’s decisions and deny the requests

for review.5

The Commission’s rules require USAC to first provide available funds for priority one

funding requests for telecommunications and Internet access services.6

Next, the rules permit USAC to

fund priority two requests for internal connections and basic maintenance of internal connections only

after all priority one requests have been committed, allocating funds for discounts beginning with those

applicants eligible for a 90 percent discount level.7

In funding year 2013, there were insufficient funds

available to fund any priority two requests.8

Therefore, USAC appropriately denied all requests for

priority two funding for funding year 2013, including the petitioners’ requests. 9

3.

ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4

and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections

0.91, 0.291, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722(a), that the

requests for review filed by Green Tree School, Systems Development Integration, LLC, and Three

Stages, ARE DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Vickie S. Robinson

Acting Chief

Telecommunications Access Policy Division

Wireline Competition Bureau

4 See Letter from USAC, Schools and Libraries Division, to Colly Burgwin, Green Tree School (dated Mar. 5, 2014)

(Green Tree Funding Commitment Decision Letter (FCDL)); Letter from USAC, Schools and Libraries Division, to

Clinton Stapleton, Virgin Islands Department of Education (dated Mar. 5, 2014) (Virgin Island DOE FCDL); Letter

from USAC, Schools and Libraries Division, to Lynda Wright, Three Stages (dated Mar. 12, 2014) (Three Stages

FCDL) (collectively, FCDLs).

5 See supra note 2.

6 See 47 C.F.R. § 54.507(g)(1)(i).

7 See id. § 54.507(g)(1)(ii).

8 See USAC website, Schools and Libraries Program, Update on Priority 2 Commitments 2013,

www.usac.org/sl/tools/news/default.aspx (last visited Jul. 9, 2014).

9 See FCDLs.

2

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